The 1999 “Declaration of Protective Covenants, Conditions, and Restrictions” (CC&Rs) formally brings SHOA under the Oregon Planned Community Act (ORS 94). This legal document governs key aspects of subdivision life: land use, member rights and obligations, architectural standards, assessment procedures, and enforcement mechanisms.
Importantly, this filing expands SHOA’s statutory foundation. While SHOA was already incorporated under ORS Chapter 65 (see Exhibit 103), this 1999 filing confirms that SHOA is also a planned community under ORS 94. From this point forward, SHOA must comply with both chapters.
🧠Sidebar Note: Understanding ORS 65 vs. ORS 94
ORS 65 governs SHOA as a nonprofit mutual-benefit corporation—covering Board powers, elections, meetings, fiduciary duties, and records access.
ORS 94, introduced with this CC&Rs filing, governs SHOA as a planned community—covering lots, assessments, common areas, and architectural control. Importantly, ORS 94 defines “lots” as those recorded on official plats.
As a result, the powers SHOA exercises must now be rooted in both sets of statutes—and neither can be used to sidestep the other.
🧱 A Note on the 99-Lot Claim
This document claims that SHOA includes 99 lots, but this conflicts with the Lane County plat maps, which show only 98 platted lots. To understand this discrepancy—and why the unplatted property at 34622 Devonshire Drive was mistakenly treated as part of SHOA—see:
👉 Exhibit 110c – Three Recommendations with Plat Maps (2024)
👉 Legal Findings on the Staffordshire 99-Lot Myth (Full Legal Analysis)
đź“Ą Open Exhibit 104 (PDF)
đź”™ Return to Defendant Exhibit Archive